McCain v. Florida Power Corp

In McCain v. Florida Power Corp., 593 So. 2d 500 (Fla. 1992), the plaintiff was injured when the blade of the trencher he was operating struck an underground Florida Power Corporation electrical cable after "an employee of Florida Power had come out earlier and marked those areas where it would be safe to use the trencher." Id. at 501. The Court concluded that Florida Power owed a duty of care to the plaintiff. Id. at 504. The Court's decision was partially based on the heightened duty of care owed by power companies based on the nature of their business. Id. In reaching its conclusion, the Court explained: "Contrary to the tacit assumption made by the district court, foreseeability relates to duty and proximate causation in different ways and to different ends. The duty element of negligence focuses on whether the defendant's conduct foreseeably created a broader "zone of risk" that poses a general threat of harm to others. The proximate causation element, on the other hand, is concerned with whether and to what extent the defendant's conduct foreseeably and substantially caused the specific injury that actually occurred. In other words, the former is a minimal threshold legal requirement for opening the courthouse doors, whereas the latter is part of the much more specific factual requirement that must be proved to win the case once the courthouse doors are open. As is obvious, a defendant might be under a legal duty of care to a specific plaintiff, but still not be liable for negligence because proximate causation cannot be proven." (Id. at 502-03.) The Court went on to state: "As to duty, the proper inquiry for the reviewing appellate court is whether the defendant's conduct created a foreseeable zone of risk, not whether the defendant could foresee the specific injury that actually occurred." Id. at 504. Additionally, the Court stated that power companies "must shoulder a greater-than-usual duty of care in proportion to the greater-than-usual zone of risk associated with the business enterprise they have undertaken." Id.